22 results for 'judge:"Mueller"'.
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J. Mueller dismisses the state’s action against a tribal company and tribal officers seeking damages and penalties for their alleged trafficking in contraband cigarettes. The state fails to show the cigarettes at issue are contraband, as it does not allege they have shipped, transported, received, possessed, bought or sold them.
Court: USDC Eastern District of California, Judge: Mueller, Filed On: January 24, 2024, Case #: 2:23cv743, NOS: Other Statutory Actions - Other Suits, Categories: Damages, Racketeering
J. Mueller finds for the Attorney General of California on two individuals’ constitutional challenge to two state firearms laws that prohibit people from openly carrying firearms without permits. The pair fail to show the law is unconstitutional, nor do they support their argument the state cannot make them carry a weapon in a certain way. "This contention is unpersuasive for the simple reason that American governments have imposed restrictions on how people carry guns since the founding era, as the Supreme Court has twice held."
Court: USDC Eastern District of California, Judge: Mueller, Filed On: December 29, 2023, Case #: 2:19cv617, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Firearms
J. Mueller grants a benefit plan’s motion to dismiss a hospital’s action accusing it of refusing to pay for a patient’s $500,000 chemotherapy treatment. The hospital's claims, as pleaded, are not plausible under the Affordable Care Act.
Court: USDC Eastern District of California, Judge: Mueller, Filed On: November 1, 2023, Case #: 2:23cv676, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Health Care, Insurance
J. Mueller grants, in part, a preliminary injunction to the state on its case against an Indian-owned cigarette manufacturing company that allegedly fails to abide by California’s regulations and violates the Prevent All Cigarette Trafficking Act. It has shown a likelihood of success on the merits and the balance of hardships "sharply weighs in favor of California."
Court: USDC Eastern District of California, Judge: Mueller, Filed On: September 11, 2023, Case #: 2:23cv743, NOS: Other Statutory Actions - Other Suits, Categories: Government, Racketeering, Injunction
J. Mueller grants, in part, a mortgage company's motion to dismiss a reverse mortgage company’s non-compete-related claims. The reverse mortgage company fails to plausibly allege a breach of a non-compete agreement.
Court: USDC Eastern District of California, Judge: Mueller, Filed On: May 15, 2023, Case #: 2:22cv983, NOS: Other Contract - Contract, Categories: Fraud, Banking / Lending, Contract